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How to File a Railroad Injuries Lawsuit You may be entitled to compensation if you are a railroad employee who was injured at work. These workers are protected by an exclusive federal law known as the Federal Employers Liability Act, or FELA. FELA requires railroad employees, in contrast to standard Illinois workers' compensation laws, to demonstrate negligence on the part of their employer. They must also prove that the railroad did not follow safety guidelines. Accident Cause Railroads are complex machines that require many components to function properly and ensure the safety of passengers. If a single piece of equipment fails it could cause severe damage and cause an accident that kills or injures people. The most common causes of train accidents are human errors, negligent conductors and track problems. Sometimes, a motorist or pedestrian is at fault for the derailment. If you've been injured as a result of an accident involving trains, call an attorney as soon as possible to discuss your legal options. The lawyer you choose to work with can assist with obtaining proper medical treatment, submitting a claim for compensation, and pursuing any restitution that is due to you. Railroad employees have the right to sue their employer for an injury or illness that occurred in the workplace under the Federal Employers Liability Act (FELA). This is not the same as the workers' compensation case. A FELA claim must prove that the company failed to provide a safe work environment as required by law. Negligence happens when a business did not take reasonable care to ensure a safe working environment. If negligence is proven that you have been injured, you can seek damages for your injuries. This includes mental trauma and disfigurement. One of the primary causes of train accidents is human error, which can be caused by conductor's or railroad worker's negligence in failing to follow safety procedures or operating a train when distracted, fatigued or drunk. Other factors that can cause accidents in trains include track defects, like broken rails or debris piled up on the tracks, or malfunctioning or inadequate safety equipment at railway crossings. Train operators who aren't experienced can be responsible for an accident if their actions don't follow safety guidelines. These mistakes can lead to severe and fatal injuries. Railroad workers who are injured should consult a lawyer who is skilled in railroad accident lawsuits. They will be able to protect their rights and ensure that victims receive fair and equitable compensation for their injuries. Our firm has a track record of obtaining the highest payout for our clients in train accidents cases. Dangerous Exposure Railroad workers face numerous dangers when on the job. From hazardous substances that are used on trains to chemical leaks during accidents, the risks are substantial. Federal Employers Liability Act (FELA), states that railroads are bound by the duty of care to keep their employees safe from injury. They also have a duty to provide them with a safe environment to work in. A company could be sued if they fail to meet this standard. A FELA injury lawyer will help you hold your employer responsible for any health conditions you've developed as a result of working on the railroad. They can gather evidence, speak with medical experts to determine whether there is a link between the exposure and the health condition you suffer from. Toxic chemicals and other hazardous substances are frequently used by railroad companies to clean, repair, and lubricate their equipment. Welders may inhale toxic fumes during their work, while general repair workers may be exposed to cleaning solvents such as creosote, or degreasing chemicals. Some of these compounds are HAZMAT-listed and may cause serious injuries to people working around them. Chlorine and benzene are just two examples of harmful chemicals that have caused grave accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, another substance commonly employed in the railroad industry, has been linked with mesothelioma cancer as well as other diseases. A FELA lawyer can help railroad workers who have been diagnosed with cancer because of their exposure to asbestos. Contact us today to get an initial consultation for free if you have any questions or like to discuss your legal options. We'll review your case and determine whether you have a solid claim for compensation. In addition to the most obvious dangers, there are many hidden threats in the railway industry. First responders and train crews often don't have the knowledge of dangerous chemical releases from wreck sites. Duty of Care An employee who has been injured in a train accident may seek damages from their employer. This is done through filing a railroad injury lawsuit under the Federal Employer's Liability Act. To be able to claim compensation for this kind of injury, the victim must establish that the railroad was negligent and that the negligence was the cause of their accident. This is a complicated job that requires the railroad to prove a duty of care. There are a variety of factors to consider when trying to prove a duty of care. California law has created the test of balancing. The testing of balancing is a complicated combination of several factors which must be carefully evaluated against one another to determine whether the defendant owed the plaintiff any duty of care or whether they violated it. The duty of care is different between companies. It can be different from a construction company to a software company, but the same requirements are applicable to both including prevention, risk assessment, planning, and communication. Safety of employees is a major aspect of any business's operations, and it's essential for the well-being of your employees. It's an ideal idea for your business to employ someone who is an expert in this field. Many companies have Safety Officers or Employee Health and Safety (EHS) who are responsible to ensure a safe and healthy work environment. These employees are competent and experienced in their field of expertise, which could aid in preventing accidents in the future. In addition, they can assist with any issues that arise from an injury or accident at work. This includes obtaining medical attention, finding the lost wages or missing work days, and getting reimbursement for time lost on the job. It could be a disaster for you and your family if your employer does not fulfill their obligation to care. It could also impact your chances of regaining employment, since it could be a sign that the company is not competent and unable to ensure a safe working environment. This is why it's crucial to speak with an attorney at no cost in the event that you believe you may have a claim for a railroad-related injury lawsuit. Damages When you file a railroad-related lawsuit, there are many damages that can be awarded. These damages can include lost wages, medical bills and pain and suffering as in addition to the compensation for any permanent disability that you may have suffered as a result. The amount you will receive will differ according to the circumstances of your case, and your own personal injury history. A successful claim requires an experienced FELA lawyer to gather evidence and prove that the railroad was negligent in causing your injuries. Exposure to hazardous chemicals is among the most common causes of accidents in the railroad industry. Exposure to harmful chemicals like creosote, asbestos and benzene can cause cancer or other serious diseases in employees. An exhaustive investigation of the workplace may assist a railroad worker in proving that their employer was negligent in allowing them to be exposed to these hazardous substances. If you are an injured railroad worker and have a question about your legal rights, it's essential to talk to an attorney right away. A knowledgeable FELA railroad injury attorney can help you get the compensation you need to cover your expenses and restore your standard of life after a work-related accident. In addition to proving the railroad was negligent, you'll be required to prove you weren't at fault in the accident. This is a far greater amount of evidence than you must meet in a workers' compensation claim. Federal Employers Liability Act (FELA), states that railroads owe a duty of care to their employees. If they fail to meet this duty, they are responsible for any injuries you suffer as a result of your injuries. Railroad injuries can be expensive because the property that is damaged by an accident can be extremely valuable. This could be cars, equipment or even buildings. Many times, the firm's lawyers are more focused on getting a case settled quickly instead of having the jury award punitive damages. A knowledgeable FELA attorney who is skilled in railroad injuries can negotiate a fair settlement that is acceptable for both sides. This can make a major difference in the outcome of your case and your settlement.